Jenkins: Astorino Overrides Charter in Veto-ing Tax Levy.

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WPCNR COUNTY CLARION-LEDGER. From Tara L. Martin, County Board of Legislators. December 30, 2010:


Today, Westchester County Board of Legislators Chairman Ken Jenkins (D-Yonkers) released a statement condemning Westchester County Executive Robert Astorino for his useless veto of the county’s tax levy.  The FY 2011 tax levy – which will deliver a 2.25% tax cut to all Westchester residents – was approved by a vote of 10-1 on December 27.  The final approved budget was adopted on December 23, when the Legislature overrode 249 of Mr. Astorino’s 260 vetoes.


In an interview with Tara Martin, spokesperson for the Board of Legislators, Martin said the Astorino veto was described as “symbolic” by Ned McCormack, the Director of Communications for the County. She also said that unless Mr. Astorino filed a Show Cause Order the tax levy would go into affect midnight tomorrow night. “He has 24 hours to decide what he (Astorino) wants to do. It’s illegal.(The Astorino veto)”

Jenkins in a statement said:  “It would appear that Mr. Astorino and his advisors need to brush up on their knowledge of the County Charter.  In Section 167.111, it clearly states that ‘when the county budget shall have been finally adopted, an appropriation act for such budget shall be passed by the County Board and taxes for the ensuing year, including state, county and special district taxes, shall be levied not later than December 28th. The County Board shall levy, assess and cause to be raised by tax upon real property liable therefore the amount of taxes determined by such budgets and in the manner provided for the levy of state and county taxes.


The Budget Act is not a normal Act.  The Budget Act is very specific in the actions that can be taken.  Mr. Astorino exercised his Charter authority to veto line items within 5 days of receiving the approved budget from the County Board.

The budget was not finally adopted until December 23, 2010 until his 260 line item vetoes were considered by the County Board.  The required Tax Levy Appropriation Act is ministerial, a result of the final adopted budget, beginning with the recommended budget, additions by the Budget and Appropriations Committee, deletions to the recommended budget and sustained vetoes.   In fact, the Budget Director develops the Tax Levy Appropriation Act and the Legislature is required to adopt such appropriations Act by December 28.   This is the Charter role and sole responsibility of the Legislature.

There is nothing for Mr. Astorino to approve, the news release states.

With regards to Mr. Astorino’s outrageous assertions in relation to the Budget process, every detail of the budget process as outlined in the County Charter was followed.  The Minority caucus chose not to make any additions to the budget.  The Budget and Appropriations Committee spent 3 weeks hearing presentations from the Commissioners and Department heads. 


Over 2,000 people participated in the public hearing process and the County Board web-streamed the committee meetings live and have all the sessions available on-demand.  The Budget and Appropriations Committee worked throughout the year, having regular meetings with the various County departments in fulfilling the role of the County Board in providing oversight of the County budget.  This budget is balanced, accessible and transparent.

Frankly, it is my expectation that in the ensuing year, Mr. Astorino’s administration will be more participatory in the open and transparent committee structure of the Legislature where his proposed initiatives will be vetted in public where good public discourse could take place.

Finally, I think it is completely counterproductive that Mr. Astorino and his staff to continue to use inflammatory and malicious language in various policy debates.  The people of Westchester expect their elected officials to be leaders and to act responsibly and respectfully while we develop creative solutions to Westchester’s challenges.

Reasonable people can disagree without being disagreeable and offensive.”

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Fleet of 30 Cars To Give Revelers Rides Home on New Year’s Eve

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WPCNR MAMARONECK AVENUE AMBLER. From Heineken USA. December 30, 2010 (EDITED):


Heineken USA of White Plains will sponsor its seventh annual “New Year. Safe Ride.” program, which provides free, safe rides home to Westchester residents of legal drinking age celebrating New Year’s Eve in downtown White Plains.


Revelers can take advantage of this service between 11:00 p.m. on December 31 and 3:00 a.m. on January 1. The car service will be located in the heart of downtown, on the corner of East Post Road and Mamaroneck Avenue.

Kicking off 2011 the responsible way, this year’s transportation will be provided by a dedicated, 30-car fleet to ensure passengers a safe and comfortable ride home. The service is complimentary for revelers traveling anywhere in the Greater White Plains Area. Cars will not travel beyond Westchester County lines.


Additional details on the “New Year. Safe Ride.” program and the Taxi Magic application can be found at www.responsiblymeans21.com and in participating restaurants and bars, as well as other locations throughout downtown White Plains.




 


“Emphasizing our values of enjoyment and responsibility, we’ve made a New Year’s resolution to continue helping consumers make every night a night of great choices,” said Dan Tearno, senior vice president and chief corporate relations officer, Heineken USA. “Improvements to our annual “New Year. Safe Ride.” program, such as the use of a well maintained car service, will make it easier than ever for our colleagues, employees and neighbors celebrating the New Year in this great town to have fun and make good decisions.”

“Driving while intoxicated is a serious offense and can have fatal consequences for you, your passengers and others on the road,” said Westchester County District Attorney Janet DiFiore. “Over the past few years, Heineken USA’s continued commitment to this important program has helped provide New Year’s Eve revelers in White Plains a safe way to get home. We are grateful for their continued support.”

Driving under the influence is a national issue during the holiday season, and year-round. Over the past few years, Heineken USA has partnered with a number of communities and law enforcement agencies around the country to offer a safe alternative and remind consumers of the importance of responsible consumption throughout the year. 

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Commuter Councils Highlight Hidden MTA Ticket Policy Changes Effective Thursday

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WPCNR WINGS, WHEELS & RAILS. From the Metro-North Commuter Council and the Long Island Rail Road Commuter Council. December 29, 2010:


 


 


Effective December 30, 2010, the cost of their railroad tickets will increase.  The average increase of approximately 8.8 percent in ticket prices is not, however, the only change that could result in increased costs for riders, as commuters could feel the bite of any one of several fare policy changes.


 


The Commuter Councils strenuously opposed these measures when they were proposed by the MTA.  These unfortunate policy changes were approved by the MTA Board and will go into effect on December 30, 2010.  The Commuter Councils remind riders to keep in mind the following changes to tickets issued on or after December 30 when purchasing fares and planning their trips:


 


·        The period of validity on tickets will be reduced.  One-way and round trip tickets will be valid for only 14 days including the date of sale, reduced from 6 months;


 


·        Ten-trip tickets will be valid for only 6 months from the date of sale, reduced from 1 year.  If purchased before December 30, they will continue to be valid for a period of 12 months;


 


·        A “Valid Thru” date will be printed on the upper right corner of most tickets.  Tickets not used by that date will no longer be accepted for travel;


 


·        One-way, round-trip, and ten-trip tickets will be refundable for only 30 days after purchase and a $10 refund transaction fee will be charged, which in many cases equals or exceeds the cost of a ticket.


 


.”



 


The Commuter Councils recommend that riders exercise due caution in purchasing fares for travel beyond the current date and do so only when they have a reasonable certainty that the tickets will be used within the new validity periods.


 


If a rider fails to produce a valid ticket when asked by on-board railroad personnel, he or she will be required to purchase a one-way ticket on the train at an additional charge of at least $5.75.  In addition, all on-board transactions, including step-up and extension of ride fees for use of off peak tickets in peak periods and travel to destinations beyond that on the original ticket, will be rounded up to the next dollar.  This means that purchasing a ticket on board could cost as much as $6.50 more than the same ticket purchased from a ticket machine or agent.


 


“Sadly, the MTA is punishing the riders for the LIRR’s failure to properly collect fares on board,” notes LIRRCC Chair Maureen Michaels.  David Buchwald, acting Chair of the Metro-North Railroad Commuter Council observes, “These changes will eliminate flexibility needed by riders, especially the growing number whose work and travel schedules do not stay the same from day to day or week to week.”

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Commissioner: Police Have Identified Person(s) of Interest in Hit and Run Case

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WPCNR POLICE GAZETTE By John F. Bailey. December 29, 2010:


Commissioner of Public Safety David Chong has confirmed to WPCNR White Plains Police have identified “persons of interest” in last week’s hit and run accident involving a White Plains man, Raul Rios, 23, struck by a late model Mercedes-Benz at 4 A.M. in the morning of December 19, leaving him severely injured.


Commissioner Chong released this statement to WPCNR Wednesday morning:


This case is ongoing and not to compromise or try the case before its presentation this is what we are releasing.

The Hit and Run case is very active and proceeding along.  Detectives have recovered some key pieces of evidence that are being examined.  We also have some persons of interest that we are looking at and interviews are continuing  We continue to ask that any witnesses please come forward as we put this case together.


Police may be contacted at 422-6111, if any witnesses wish to share information on the incident in confidence.

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Police: Roads Passable in WP. Persons Shoveing Should Pace Themselves

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WPCNR POLICE GAZETTE. From Commissioner of Public Safety David Chong. December 27, 2010:


Here is the latest on road conditions in White Plains from the Department of Public Safety as of 11 A.M.;


The roads are generally passable although there is drifting. The hilly areas have invisible patches of black ice so drivers regardless of their autos, suv’s or 4X4’s must remember, ice is ice! If you need not go out and drive, then don’t as we advise the less traffic will allow our DPW to clean the streets without traffic obstruction.  T


here are no major power outages to report and we remind people who are shoveling to take it easy and pace themselves. 


The Mayor has been up all night along with the commissioners and we think we have weathered this very intensive storm as best we can. Also, please if you are shoveling, do not throw the snow back into the roadway. This causes double work and as the temperatures drop tonight will cause icing and very slick roads.  In case of emergency, call 911.

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City Hall Issues Storm Help Advisories.

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WPCNR CITY HALL CIRCUIT. From the Mayor’s Office. December 26, 2010:


As of midnight, approximately a foot of snow has fallen in central White Plains, with drifting snow making any roads or driveways cleared not remaining clear for long. City Hal reports the Department of Public Works has 100 employees mannin 61 trucks and 40 othe pieces of equipment to deal with the blowing, drifting snow.


The city has announced no permission will be granted for on-street parking overnight. Police advise you must get your vehicle into a driveway o into a City Parking Garage, including the downtown business district.


If you have a fire hydran in front of your home or building you must clear it. If unable, contact the Fire Department at 422-6360.


If you have an elderly or infirm neighbor, please check on them to be certain they are safe.


Stay clear of any owned powerlines. If you experience a power failure, contact Con Edison at 1-80075-ConEd.


Use caution in operating space heaters. Be sure any such heaters are three feet away from any combustible material.


Do not idle ars in attache garages. Do not use gas stoves for heating. Clear snow from any exterior dryer vents.


Call Public Safety if you are experiencing a life-threatening emergency at 911. If you need to contact policefor a non-emergency matter call 422-6111.


Eastview School has been opened tonight as an Emergency Warming Center. If you have this need, or have questons, call Public Safety at 422-6111.


Avoid unnecessary travel. 


 

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County Executive Wrings Hands Over Legislators’ Overrides to Assess Damage Monda

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Department of Communications. (EDITED) December 23,2010:


 


County Executive Robert P. Astorino today scolded the Democratic-majority of the Board of Legislators for overriding hundreds of budget vetoes, and adopting a 2011 budget filled with “runaway” spending and “speculative” revenues.  


 


            Astorino said that on Monday he will begin a detailed review of the budget with his budget and finance team to come up with a full assessment of the damage.


           


 

            Astorino in November had proposed a spending plan for next year that cut the county levy by 1 percent, protected the county’s most needy, continued all essential services and protected the county’s three AAA bond ratings.


            After the legislators adopted a 2011 operating budget that restored millions of dollars in funding, Astorino used his line-item authority last week to veto $33.5 million in spending . The board Thursday overrode most of Astorino’s vetoes, restoring $32 million in spending, over the objections of the board’s five Republicans in most every case.


            In the capital budget, the Democrats restored approximately $71 million in pet projects of questionable legality, which Astorino had vetoed.


            “The Democrats had the 12 votes to override my vetoes,” Astorino said. “This is how the democratic process works. They now have to be accountable for their votes.”


            Astorino singled out the Board’s action on the Section 8 Housing Voucher Program for particular criticism.


            In October, the county notified the state that it was no longer interested in running the Section 8 program. Astorino said the county was losing money on the contract to run this state and federal program. Astorino then gave the state the required 60-day notice to terminate the contract, and the county employees who ran the program were given layoff notices. The state has meanwhile begun action to take over the program and has issued an RFP (request for proposals) for a replacement contract. 


            The county executive once again criticized the legislators for taking down the county’s reserve fund to  dangerous levels.


            “That is the kind of reckless action that gets a county’s bonds downgraded. We need look no farther than Nassau County to see that the credit ratings agencies are not fooled by one-shots and gimmicks,” Astorino said.


           

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Gov-Elect would review Removal of Mayor. Gov has No Pardon Request

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WPCNR ALBANY ROUNDS. By John F. Bailey. December 24, 2010:


 


In wake of the White Plains Common Council vote (5-2) requesting Mayor Adam Bradley to resign because the council has no confidence in his ability to focus on city business as the Mayor appeals his conviction, a press spokesperson for Governor-Elect Andrew Cuomo taking office January 1, told WPCNR “If a request is made (for removal of Bradley) of the (new) Governor’s Office, this office will review it.”


 


Asked what the procedure for reviewing a Bradley ouster would be, the spokesperson said they would get the statute, review it and get back to The CitizeNetReporter.


 


A spokesman for Governor David Paterson, Jessica Basset told WPCNR that Governor Paterson (who leaves office December 31), has over1,900 requests for pardons. Basset said that the deadline for requests for pardons was October. Mayor Adam Bradley was not convicted until December 9, so therefore could not meet the deadline. Basset said that in order to be considered for a pardon even in a special circumstance (say, being convicted after the October deadline), the Mayor would have to apply to the  Governor’s office for a pardon (on his convictions for Attempted Assault, Contempt and three harassments.)


 


It is WPCNR’s understanding from supporters of Mr. Bradley that the Mayor has no intention of requesting a pardon and is proceeding with his appeal of those convictions..

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County Board Pushes Aside County Exec Vetos…Passes Its Version of Budget

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 WPCNR COUNTY CLARION-LEDGER. From the County Board of Legislators (EDITED) December 23, 2010:


The County Legislature today voted 16-1, overriding County Executive Rob Astorino’s vetoes to deliver a  2011 County budget that delivers a 2% tax reduction for all County taxpayers


However that overall county tax reduction may actually result in some communities in a tax increase, depending on where you live. It is impossible to tell until the actual tax rates come out and tax bills received. WPCNR reported that his actually happened last year in White Plains


In 2009, the county touted a 1.77% property tax increase but in White Plains County Taxes when all three taxes were considered, White Plainsians got socked with a 7.2% increase. See our story on this at http://www.whiteplainscnr.com/article7293.html 


The truth is, when you take into account all three county taxes, the county property tax, the Mamaroneck Valley Sewer District charge, and the ever popular Refuse Disposal charge,  in 2009, the White Plains homeowner tax bill was up 5.69% on the tax levy charge and a  7.18% on the Tax Levy. 


In a bi-partisan vote of 16-1, the budget reduced spending by $28.5 million dollars (from 2010 budget), reduced the County workforce by 10%, restores critical services for most in need, provides transitional timetables as the County continues to recalibrate agencies and presents a more fiscally responsible alternative to the County Executive’s budget proposal.  


Last month, Westchester County Executive Robert Astorino presented his first County budget, which included severe budget cuts to the social safety net and funding for vital services for Westchester’s working families at a time when Westchester needs to invest in the future and move forward.  If the Legislature didn’t override the Astorino vetoes, it would have resulted in a tax increase — from the -2% that we previously approved that all the vetoes amounted to the difference of 2 tenths of one percent.


 


Westchester County’s budget is balanced and on time, and it will lower the county tax levy. This budget right-sizes government, and not capsizes it,” Board Chairman Kenneth W. Jenkins (D-Yonkers) said. “This year, the County has to make exceedingly difficult decisions.  We took this responsibility with the utmost seriousness and made an effort to ensure that every budget decision was thoughtful and deliberate. Despite these obstacles, the Democratic Majority has presented a budget that will preserve the most critical County services without raising taxes.”


 


 


Highlights of Legislature’s FY 2011 Adopted Budget


 


·   Tax Reduction of 2% to the county tax levy vs. County Executive’s proposed -1%


 


·   Total spending $1.79B =       $28.5M from 2010 budget


 


·   Reduces County workforce by 10% (funded through grants, additional revenue & corresponding deletions)


 


·   Eliminates County Executive’s proposed one-shot to bond tax certioraris = cash vs. credit for operating costs (maintains fiscally responsible fund balance)


 


·   Fairly restores balances and protects public safety, health and essential services


 


·   Identified opportunities for shared services between Dept of Emergency Services & Dept of Public Safety; will continue stakeholder inclusion of merger discussion


 


·   Provides six-months transitional funding for community mental health clinics, pending contracts that must be in place per Section 41.07 of the NYS Mental Hygiene Law


 


·   Restores funding of community health centers & child care services


 


·   Reinstates County’s contract of the Section 8 program


 



 


 

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The Historic Resolution of the Night of December 22, 2010

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WPCNR FOR THE RECORD. From the White Plains City Clerk’s Office. December 23, 2010:


The City Clerk has issued to WPCNR for the record the historic resolution passed by the Common Council Wednesday evening, 5-2, calling on the Mayor to resign. Here is that document:


“RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS EXPRESSING LACK OF CONFIDENCE IN THE MAYOR AND CALLING FOR HIS RESIGNATION


WHEREAS, On December 9, 2010 Mayor Adam Bradley was found guilty after trial of the crimes of Attempted Assault and Contempt of Court and three counts of Harassment as violations and;


WHEREAS, The Common Council does not have confidence in


the Mayor’s ability to lead the city and;


WHEREAS, The Common Council of the City of White Plains believes the interests of the City of White Plains would be best served by the Mayor’s immediate resignation and;


WHEREAS, In the absence of such voluntary resignation it is the intent of the Council to take such actions permissable under law to remove the Mayor from office it is hereby


RESOLVED that the Common Council of the City of White Plains calls upon the Mayor of the City of White Plains, Adam Bradley, to immediately resign from that position.”

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